REGULATION II

PROHIBITIONS

Rule 215 Phase II Vapor Recovery System Requirements

A. No owner or operator of a retail se rvice station shall transfer, permit the transfer, or provide equipment for the transfer of gasoline from a stationary storage tank at a retail serv ice station into a motor vehicle fuel

tank unless an ARB-certified Phase II vapor recovery system is installed and used during transfer.

B. Exemptions to Rule 215 A

1. Phase I Exempted Tanks

A transfer of gasoline from a st ationary storage tank which is exempt from Phase I requirements pursuant to Rule 214 B

.

2. Facilities With Less than 480,000 Gallons Annual Output

A transfer of gasoline from an existing retail service station with an annual gasoline throughput of 480,000 or fewer gallons. After the throughput exceeds 480,000 gallons this exemption shall expire on January 1 of the following year.

C. Compliance Schedule

1. Throughput in Excess of 480,000 Gallons After 1988

If during any calendar year or portion of a calendar year after 1988, the gasoline throughput from an existing retail service station meets or exceeds 480,000 gallons, the exemption pursuant

to Rule 215 B. 2 will expire. Upon expiration of this exemption the owner or operator of the re tail service station shall:

a. Immediately notify the Air Pollution Control Officer, in writing, in advance of the inte nded Phase II vapor recovery installation; and

b. Secure all necessary permits and other approvals for the

installation of the Phase II va por recovery system within fifteen (15) months from the date the exemption expires;

and

c. Install the Phase II vapor r ecovery system within two (2) years from the date the exemption expires.

Northern Sierra AQMD Rule 215 - 1 Amended Rules & Regulations 03/26/07REGULATION II

PROHIBITIONS

2. New Retail Service Station

The owner or operator of any ne w retail service station shall install and use an ARB-certified Phase II vapor recovery system at the time gasoline is first delivered to the facility.

3. Tank Replacement

At the time of tank replacement at an existing service station, an ARB-certified Phase II vapor recove ry system shall be installed and used thereafter on all of the station's facilities, unless exempted by Rule 214.B (Phase I).

D. Operation and Maintenance

1. A person shall not transfer, pe rmit the transfer, or provide equipment for the transfer of ga soline from a stationary storage tank subject to the provisions of Rule 215 A (Phase II) into any

motor vehicle fuel tank unless:

a. The vapor recovery system is operating in accordance with the manufacturer's specifications and is maintained to be leak free, vapor tight, and in good working order; and

b. The equipment subject to this rule is operated and maintained

with none of the defects contai ned in the California Code of Regulations, Section 94006.

c. Posting of Operating Instructions

The owner or operator of each gasoline dispensing facility requiring a Phase II vapor recovery system shall conspicuously post in the gasoline dispensing area operating instructions for the system and the District's or the Air Resources Board's telephone number for complaints. The instructions shall clearly describe how to fuel vehicles correctly with the vapor recove ry nozzles, and shall include a warning that topping off may result in spillage or recircul ation of gasoline.

Northern Sierra AQMD Rule 215 - 2 Amended Rules & Regulations 03/26/07REGULATION II

PROHIBITIONS

E. Defective Phase II Equipment - Prohibition of Use

Whenever the Air Pollution Control Of ficer or his designee determines that a Phase II vapor recovery system, or any component thereof, contains a defect specified by the Air Resources Board pursuant to Rule 215 D. 1.a., 1.b , the Air Pollution Control Officer or his designee shall mark such system or component "Out of Order" . No person shall use or permit the use of such marked component or system until it has been repaired, replaced, or adjusted as required to permit proper operation, and the Air

Pollution Control Officer or his de signee has re-inspected it or has authorized its use pending re-inspection.

F. Federal Ozone Non-attainment Areas

The following provisions shall apply only in those portions of the District designated as non-attainment of any federa l ambient air quality standard for ozone and are in addition to and supersede all other provisions of this rule:

1. No owner or operator of a stationary gasoline tank, retail or non-retail, with a capacity greater than 250 gallons , shall transfer, pe rmit the transfer, or provide equipment for the transf er of gasoline from a stationarygasoline storage tank into a motor vehicle fuel tank unless an ARBcertified Phase II vapor recovery syst em is installed and used during the

transfer.

2. Exemptions to Section A of this rule:

a) Small Tanks

A gasoline storage tank with a cap acity of 250 gallons or less.

b) Annual Volume Throughput

Any facility, retail or non-retail , where each and every month of operation in a calendar year has a volume throughput of less than 10,000 gallons of gasoline.

3. Compliance Schedule

Any facility not exempt from this rule shall come into compliance with this rule no later than October 31, 20 08 or within 15 months from the date the exemption expires.

Northern Sierra AQMD Rule 215 - 3 Amended Rules & Regulations 03/26/07